During the summer season and beyond, many of our community associations offer residents a chance to cool off in the association’s swimming pool. But did you know that the swimming pool in a purely private condominium or homeowners’ association (HOA) may be subject to certain requirements under Pennsylvania’s “Public Bathing Law?”
Pennsylvania’s Public Bathing Law (the “Law”) was enacted in 1931 and was designed to protect the public health by regulating the design, operation and maintenance of “public bathing places.” As you would expect, the Law was intended to govern such bathing places “open to the public.” So, if your association’s swimming pool or lake is not “open to the public,” the Law should not apply, right?
The Law expressly provides that a public bathing place does not include “a swimming pool, lake or pond owned, operated and maintained for the exclusive use and enjoyment of residents of a condominium or cooperative or members of a property-owners association or the personal guests of such residents or members.” However, the Law also makes it clear, through an exception to the general rule stated above, that condominiums, coops and homeowners’ associations must still abide by rules and regulations adopted and promulgated by the Commonwealth with respect to water supply, water content, hygiene, plumbing, electrical facilities, and safety equipment. See, Nemacolin, Inc. v. Com., Dep’t of Env’t Res., 115 Pa. Cmwlth. 462, 541 A.2d 811 (1988).
Examples of compliant acts for common interest ownership communities as described within the Pennsylvania Code and entitled ”Pennsylvania Public Swimming and Bathing Places” include the posting of regulations; adequate management of the bathing place; sewage disposal; vector control; proper water supply, circulation, filtration and clarity; overflow facilities, avoidance of contamination; reduction of hazards; availability of lifesaving equipment; general hygiene requirements, providing facilities for users, plumbing regulations, electrical safety requirements; and proper disposal of garbage.
As a result, property managers, board members and service providers must be acutely aware that the association’s private swimming pool or other “bathing place” must still be operated and maintained in accordance with certain rules and regulations applicable under our Public Bathing Law. The Community Association Law Department at Gawthrop Greenwood, PC welcomes any questions pertaining to the Law and how it may apply to your community association.
